The Non-Contentious Probate Rules 1987

Standing searches E+W

43.— [F1 (1) Any person who wishes to be notified of the issue of a grant may enter a standing search for the grant [F2 by—

(a) lodging at any registry or sub-registry;

(b) sending by post to any registry or sub-registry; or

(c) sending by electronic means (paying the appropriate fee electronically) to any registry or sub-registry using an address provided for the purpose,]

a notice in Form 2.]

(2) A person who has entered a standing search will be sent an office copy of any grant which corresponds with the particulars given on the completed Form 2 and which—

(a) issued not more than twelve months before the entry of the standing search; or

(b) issues within a period of six months after the entry of the standing search.

(3) (a) Where an applicant wishes to extend the said period of six months, he or his solicitor [F3 or probate practitioner] may lodge at, or send by post [F4 or by electronic means (paying the appropriate fee electronically) using an address provided for the purpose,] to, [F5 the registry or sub-registry at which the standing search was entered] written application for extension.

(b) An application for extension as aforesaid must be lodged, or received by post [F6 or electronic means], within the last month of the said period of six months, and the standing search shall thereupon be effective for an additional period of six months from the date on which it was due to expire.

(c) A standing search which has been extended as above may be further extended by the filing of a further application for extension subject to the same conditions as set out in sub-paragraph (b) above.

Textual Amendments

F1 Rule 43(1) substituted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 11(1)

F2 Rule 43(1)(a)-(c) and word substituted for words in rule 43(1) (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 13(2)

F3 Words in rule 43(3)(a) inserted (14.9.1998) by The Non-Contentious Probate (Amendment) Rules 1998 (S.I. 1998/1903), rules 1(1), 6

F4 Words in rule 43(3)(a) inserted (27.11.2018) by virtue of The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 13(3)

F5 Words in rule 43(3)(a) substituted (14.10.1991) by The Non-Contentious Probate (Amendment) Rules 1991 (S.I. 1991/1876), rules 1(1), 11(2)

F6 Words in rule 43(3)(b) inserted (27.11.2018) by The Non-Contentious Probate (Amendment) Rules 2018 (S.I. 2018/1137), rules 1(1), 13(4)

Commencement Information

I1 Rule 43 in force at 1.1.1988, see rule 1